Montana

"Mechanical restraint" that physically restricts a student's movement through the use upon the student of any mechanical or restrictive device which is not intended for medical reasons.

Physical restraint, defined as the placing of hands on a pupil in a manner that is reasonable and necessary.

Not defined

“Exclusion time-out” is any removal of a student from a regularly scheduled activity for disciplinary purposes that does not result in placing the student in an isolation room under all of the conditions described in ARM 10.16.3346(2)(b). (Research Note: Montana does not define "time-out" as a standalone term. Instead, the administrative rule distinguishes between "isolation time-out," which is regulated as an aversive treatment procedure and "exclusion time-out.” The definition of exclusion time-out is included here to clarify Montana's terminology and distinguish it from isolation time-out.)

Isolation time-out results in the removal of a student to an isolation room under the following conditions: the student is alone in the isolation room during the period of isolation; the student is prevented from exiting the isolation room during the period of isolation; the door to the isolation room remains closed during the period of isolation; and the student is prohibited from participating in activities occurring outside the isolation room and from interacting with other students during the period of isolation. (Note: Montana uses the term "isolation time-out" rather than "seclusion" or “isolation.”)

"Corporal punishment" means knowingly and purposely inflicting physical pain on a pupil as a disciplinary measure.

No specific isolation room construction or environmental requirements identified. The rule requires direct constant visual observation and prohibits isolation in a locked room (except in specified residential treatment facilities and psychiatric hospitals).

A person who is employed or engaged by a school district may use physical restraint, defined as the placing of hands on a pupil in a manner that is reasonable and necessary to quell a disturbance; provide self-protection; protect the pupil or others from physical injury; obtain possession of a weapon or other dangerous object on the person of the pupil or within control of the pupil; maintain the orderly conduct of a pupil, including but not limited to relocating a pupil in a waiting line, classroom, lunchroom, principal's office, or other on-campus facility; or protect property from serious harm. Physical pain resulting from the use of physical restraint as defined in subsection (4)(a) does not constitute corporal punishment as long as the restraint is reasonable and necessary.

No criteria for use in public schools. Mechanical restraint is prohibited, except in residential treatment facilities and psychiatric hospitals when prescribed by a physician as part of a treatment plan and implemented in compliance with applicable federal and state law.

Not specified. No statewide criteria for the use of chemical restraint were identified in Montana's public school statutes or administrative rules.

Note: Under ARM 10.16.3346(2)(b), isolation time-out is classified as an aversive treatment procedure. Therefore, these criteria govern the use of isolation time-out within the special education context. Aversive treatment procedures may be appropriate for an individual student who exhibits behaviors that pose a risk of physical harm to the student or others, a risk of significant damage to property, or significantly disruptive or dangerous behaviors that cannot be modified solely through the use of positive behavioral interventions. Aversive treatment procedures must be designed to address the behavioral needs of an individual student, be approved by the IEP team, and may not be used as punishment, for the convenience of staff, or as a substitute for positive behavioral interventions.

A person who is employed or engaged by a school district may not inflict or cause to be inflicted corporal punishment on a pupil.

No statewide criteria for use are specified.

Yes. Parents must be informed as soon as possible, but no more than 24 hours after an aversive treatment procedure is implemented, in writing—or orally if written notification is not possible—in their native language. When an aversive treatment plan is included in an IEP, parents must also be informed that consent to the IEP includes consent to the aversive treatment plan. (Note: This notification requirement applies to aversive treatment procedures under Montana's special education rule (ARM 10.16.3346), including isolation time-out. No comparable statewide parent notification requirement for restraint or seclusion applicable to all public school students was identified in the Montana statutes or administrative rules reviewed.)

Parents must be informed as soon as possible, but no more than 24 hours after an aversive treatment procedure is implemented, in writing—or orally if written notification is not possible—in their native language. When an aversive treatment plan is included in an IEP, parents must also be informed that consent to the IEP includes consent to the aversive treatment plan. (Note: This notification requirement applies to aversive treatment procedures under Montana's special education rule (ARM 10.16.3346), including isolation time-out. No comparable statewide parent notification requirement for restraint or seclusion applicable to all public school students was identified in the Montana statutes or administrative rules reviewed.)

None identified. No statewide requirements for seclusion and restraint reporting to the state were identified in the Montana statutes or administrative rules reviewed.

Not applicable. No statewide annual reporting requirement for restraint or seclusion was identified in the Montana statutes or administrative rules reviewed.

None identified. No statewide annual reporting requirements for restraint or seclusion were identified in the Montana statutes or administrative rules reviewed.

Not applicable. No statewide annual reporting requirement for restraint or seclusion was identified in the Montana statutes or administrative rules reviewed.

No statewide annual report identified.

Public. Montana's statutory provisions governing physical restraint apply to public school districts generally; however, the detailed administrative requirements governing isolation time-out, aversive treatment procedures, parent notification, training, and related procedural safeguards are limited to the special education context under ARM 10.16.3346.

No general statewide training requirement identified. Within the special education context, when an IEP includes aversive treatment procedures, the IEP team must include a person trained and knowledgeable about best practices in the application of positive behavioral interventions, aversive treatment procedures, and nonaversive alternatives for de-escalation of behaviors. (Note: No statewide requirement was identified requiring all school personnel who use restraint or seclusion to receive specific training. The training requirement identified is limited to the use of aversive treatment procedures under ARM 10.16.3346 within the special education context.)